Kirk Bloodsworth, who was freed from Maryland's death row based on DNA evidence, also testified in favor of the bill. Download This File

Volunteers from Amnesty International held this banner along College Ave. in Annapolis. (Photo by WBAL's Robert Lang)

Baltimore County State's Attorney Scott Shellenberger talks about his testimony against this bill. Download This File

Senate President Mike Miller talks about changes he wants to see in the death penalty bill. Download This File

Governor Martin OÆMalley appeared before a pair of legislative committees today, testifying in favor of a bill to repeal the death penalty.

The governor told members of the Senate Judicial Proceedings Committee and House Judiciary Committee that the death penalty is not a deterrent to crime, and is more costly to the taxpayers, because taxpayers often pay for an inmate's attorneys when they file appeals.

The governor also rejected an argument from several prosecutors who say that the death penalty is often an effective bargaining chip in plea bargain talks with murderers.

O'Malley pointed to the recent reduction in violent crime in Baltimore City as an example.

"I think the far stronger bargaining chip...is much better coordination and cooperation with the U.S. Attorney's Office and federal authorities," O'Malley testified.

The governor also noted that in his experience, he didn't think the death penalty deterred anyone from committing a violent crime.

The bill is not retroactive, meaning the five men on Maryland's death row would still face the death penalty unless the governor commuted their sentences to life in prison.

O'Malley testified that he would review each case individually.

"I think it would be inappropriate to comment on those cases beyond that either collectively, or individually," O'Malley testified.

Several witnesses argued that the death penalty is more often used in cases where defendants are African-American and murder victims are white.

Lt. Governor Anthony Brown got personal in his testimony.

"I have concerns and fears that my little black son, Jonathan, may unfortunately, and out of his control get caught up in a situation, when he is 18 years old and maybe get arrested. When we live in a society where we have a system that is more likely to put him on death row than a similarly situated kid who is white, I have a problem with that, we should have a problem with that," Brown testified.

Baltimore Archbishop William Lori and NAACP National President Benjamin Jealous also testified in favor of the bill.

Baltimore County State's Attorney Scott Shellenberger led the testimony among those who oppose the bill.

Shellenberger told WBAL News that lawmakers placed further restrictions on death penalty prosecutions in 2009 that will insure that the wrong person is not executed.

"We have a very restrictive statute. One that I think we need to keep," Shellenberger told WBAL News.

Miller Calls For Changes To Bill

The bill contains language so that lawmakers and not voters will have the final say on the issue.

The bill requires that starting next year the state budget includes an additional $500,000 a year for the stateÆs crime victim assistance fund.

The legislation stateÆs that money for the victimÆs fund is the result of the stateÆs savings from eliminating the death penalty.

The governor has arguedthe state will save money by eliminating the death penalty.

However, by including this language in the bill, this bill becomes an appropriations bill, and therefore cannot be petitioned to go on the ballot next year.

A judge could always rule otherwise.

Senate President Mike Miller says he would favor stripping the appropriation language from the bill. He told reporters today that the language is a "subterfuge" to prevent bringing the issue before voters.

The Washington Post reported earlier this month that Baltimore County State Sen. Jim Brochin requested an opinion from the state attorney general's office, and in the letter, Brochin was advised that the process to get the death penalty repeal would be "complicated," but it was likely a judge would allow the issue to be brought to referendum.

Brochin sits on the Senate Judicial Proceedings Committee. He told WBAL News that he hoped the bill would die in committee.

Baltimore City State Senator Lisa Gladden, who sponsored the Senate bill, told WBAL News that a committee vote is likely to take place next Thursday.

Miller thinks the committee will approve the bill, just to get it to the senate floor. He believes any vote on repeal the death penalty would be close in the Senate. He thinks voters would ultimately decide the issue in next year's election.

Last year, the governor criticized the efforts that put same sex marriage, the DREAM Act and congressional redistricting on the ballot, and he favors measures to make it harder to put issues on the ballot.

All three bills that were passed by lawmakers that were eventually put on the ballot were approved by voters.